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  • H1B, back to Country, H1B

    Hi, My case goes like this,i came to US on H1B in Nov08, i worked for 2 months i.e Jan and Feb09.Now i have to search another one from March.
    Seeing this market, i want to join back my previous employer in India

    I want to know what all things i have to be careful if i go back to India and after one year if i have to come back to US.
    1.If i stay in India for more than a year, will my visa get canceled?
    2.Will i have to again file H1 though lottery system, if i don't enter US in 1 year?
    3.Is H1+H4 valid for 6 years?if i revisit US on H4 after going back to India(within that 1 year), will it protect my H1 from getting canceled?i.e will it protect me from not re-applying H1b through lottery, if i have to come again?

    Pls reply...

    Regards
    Jyothi

  • #2
    Hi, My case goes like this,i came to US on H1B in Nov08, i worked for 2 months i.e Jan and Feb09.Now i have to search another one from March.
    Seeing this market, i want to join back my previous employer in India

    I want to know what all things i have to be careful if i go back to India and after one year if i have to come back to US.
    1.If i stay in India for more than a year, will my visa get canceled?

    ---- No

    2.Will i have to again file H1 though lottery system, if i don't enter US in 1 year?

    ---- There is no need as the once approved H1 will be valid for a period of 6 years. However, if you want you can apply for a fresh H1

    3.Is H1+H4 valid for 6 years?if i revisit US on H4 after going back to India(within that 1 year), will it protect my H1 from getting canceled?i.e will it protect me from not re-applying H1b through lottery, if i have to come again?

    ---- H1 does not get cancelled till a period of 6 years. You cna come back on the same H1 to the same employer or seek a transfer to a different employer and it will not be subjected to cap within this period of 6 eyars. However, you should have a valid visa stamped in your Passport to enter the US

    Subramanya

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